Decision problems. Lesson 3

Because that is a waste for the company and also a waste of resources for the locality, specifically Ham Thuan Bac district is in dire need of lake water for developing rural tourism, eco-tourism...

Changing… hydropower reservoir management

The meeting between the People's Committee of Ham Thuan Bac district and the leaders of Da Nhim - Ham Thuan - Da Mi Hydropower Joint Stock Company in August clarified many issues that have changed over time. Specifically, in Decision No. 3492 dated December 7, 2009 of the People's Committee of Binh Thuan province on handling the land area currently in use belonging to the Ham Thuan - Da Mi hydropower project of Da Nhim - Ham Thuan - Da Mi Hydropower Company in Da Mi commune, Ham Thuan Bac district, it shows that the area that the company is using is 15,763.912 ^m2 , with the purpose of use being energy project land with a term of use of 50 years, from March 29, 1997 in Decision No. 189/TTg of the Prime Minister. The form of land use is that the State leases land, paying annual rent. Accordingly, the Department of Natural Resources and Environment of Binh Thuan signed a land lease contract and granted a Land Use Right Certificate to Da Nhim - Ham Thuan - Da Mi Hydropower Company according to regulations for energy land. Notably, in the above 15,763.912 m2, in addition to the land of the factory area, main and auxiliary dams, water intake area..., there is land with specialized water surface occupying 15,290,227 m2. This is energy land, doing any other activities is not in accordance with regulations.

However, in November 2017, there was a change when Official Letter No. 12481 of the Government Office on assigning the Ministry of Natural Resources and Environment to coordinate with the Ministry of Finance to guide the Vietnam Electricity Group (EVN) to lease land in hydropower reservoirs. After reviewing the provisions of the current land law, specifically at Point a, Clause 1, Article 163 of the Land Law, at Clause 39, Article 2 of Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law, the Ministry of Natural Resources and Environment gave its direction. That is, “Based on regulations, land in hydroelectric reservoirs is not assigned or leased to project owners of hydroelectric and irrigation works, but is assigned to organizations assigned the responsibility of managing and operating hydroelectric and irrigation reservoirs for general management. In case of combined use for non-agricultural purposes, aquaculture, and aquatic exploitation, competent state agencies shall assign or lease land to organizations and individuals in accordance with the provisions of the law on land for use”.

Accordingly, in 2019, Da Nhim - Ham Thuan - Da Mi Hydropower Joint Stock Company sent an official dispatch requesting the Department of Natural Resources and Environment of Binh Thuan province to guide the implementation of land management in the Ham Thuan - Da Mi hydropower reservoir as requested by Vietnam Electricity Group in Official Dispatch No. 5081. That is to guide the company on procedures to not transfer/lease land in the reservoir and complete the necessary legal procedures related to the management and use of land in the Ham Thuan - Da Mi hydropower reservoir. For many reasons, the above issue has not been resolved to date.

Leverage for rural tourism

At the above meeting, the leader of Da Nhim - Ham Thuan - Da Mi Hydropower Joint Stock Company suggested that the group direct the company to complete the legal documents on houses and land, sign land lease contracts and carry out the necessary procedures to be granted a Certificate of Land Use Rights for the houses and land (including headquarters land, factory land, dam land, etc.) that the unit is managing and using according to regulations, avoiding the phenomenon of encroachment and illegal use of land within the land area managed by the unit. As for the water surface of the lake, they are waiting for instructions from Binh Thuan province, however, the company's point of view is that it is not necessary to rent all the land of the lake for energy as before. Because that is a waste for the company and also a waste of resources for the locality, specifically Ham Thuan Bac district is in dire need of the lake surface for rural tourism development, eco-tourism, etc.

Mr. Nguyen Van My - founder of Lua Viet Outdoor Company, the unit is building a tourism project in the area near Ham Thuan Lake, feels the scenery, space, and climate of Da Mi as beautiful as a young girl thanks largely to the two beautiful hydroelectric lakes. Therefore, while waiting for the zoning plan for the construction of Ham Thuan Lake tourist area, the company is outlining a tourism project here in the direction of eco-tourism, completely based on nature, with truly integrated activities following the health tourism model such as cycling around the lake, bathing in the forest, watching waterfalls, backpacking, especially in the area where the project will be built with beautiful waterfalls such as 9-storey waterfall, flying rain waterfall, fog waterfall... Not being able to rent the water surface of Ham Thuan Lake, because it is an energy land, is a big disadvantage for tourism projects in general. Because a tourist destination must have products that are linked, creating diversity and richness to attract tourists.

According to Mr. My, the lake surface area is like a reserve for investors to renew their tourism products over time. Rural tourism and eco-tourism need water and forest canopy to attract visitors. Therefore, he also hopes that the province will adjust the area of the two lakes to give Ham Thuan Bac district the best conditions to develop rural tourism and investors the convenience when implementing the project.

According to the leader of Ham Thuan Bac District People's Committee, Da Mi's tourism potential is outstanding, with 2 hydroelectric lakes with beautiful landscapes that not every place has, so it is the center for rural tourism development in the district. However, in the past, it was stuck because the entire lake surface was energy land. Currently, according to legal regulations, there have been changes. Therefore, Ham Thuan Bac hopes that the province will adjust part of the area along the two lakes of Ham Thuan and Da Mi in the district so that Ham Thuan Bac can include it in the land use planning, zoning planning for the construction of the two lakes' tourist area... to attract investment. That is the lever for socio-economic development, starting with tourism.

Clause 39, Article 2 of Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the 2013 Land Law.
"Article 57a. Land with specialized water surface for hydroelectric reservoirs and irrigation reservoirs
1. Provincial People's Committees and District People's Committees decide to lease land with water surface of hydroelectric and irrigation lakes for combined use for non-agricultural purposes, aquaculture and aquatic exploitation according to the authority prescribed in Article 59 of the Land Law.
2. The exploitation and use of land with water surface as hydroelectric and irrigation lakes for non-agricultural purposes, aquaculture and fisheries exploitation must ensure that it does not affect the main purpose of use that has been determined and must comply with other relevant laws.
3. The lease term for land with specialized water surface for hydroelectric reservoirs and irrigation reservoirs shall be decided by the People's Committee at the competent level that decides on land lease, but shall not exceed 50 years.

Lesson 1: The highlands call

Lesson 2: Da Mi's dilemma

Lesson 3: The side that does nothing, the side that desires

Lesson 4: The "Road" to Take

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